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When Cases Go to Trial
Most divorces settle before trial, but some disputes require a judge's decision. Understanding when and why cases go to trial helps you prepare appropriately.
Why cases end up at trial:
- Fundamental disagreements: Custody arrangements, property division, or support where neither party will compromise
- One party is unreasonable: Mediation and negotiation have failed despite good-faith efforts
- Complex issues: Business valuations, hidden assets, or disputed claims that require judicial determination
- Strategic considerations: Sometimes trial is necessary to establish legal precedent or break an impasse
What trial means for you:
- Higher costs: Trial preparation and court time significantly increase legal fees
- Loss of control: A judge decides your fate rather than you and your spouse
- Emotional toll: Trials are stressful and can damage co-parenting relationships
- Public record: Unlike mediation, trial proceedings become public record
- Uncertainty: You may not get the outcome you expect or want
Before committing to trial:
- Honestly assess whether settlement is possible
- Understand the risks and costs
- Discuss with your attorney whether trial is strategically advisable
- Consider one more settlement attempt—cases often settle on the courthouse steps
Only about 5% of divorces actually go to trial. Most settle before the trial date—many even on the day of trial. Settlement remains possible until the judge issues a final ruling.
Step 1 of 50% complete